Legal Opinion
Marilyn Duncan, Et Vir, A.Y. Duncan v. H.M. Leeds, M.D. And Roy McDonald M.D.
Court of Appeals for the Sixth Circuit
Decided September 7, 1984No. 83-5661PublishedCited by 20 opinions
1Opinion of the Court
JOHN W. PECK, Senior Circuit Judge.
This appeal involves the question of whether the district court erred in dismissing a complaint alleging medical malpractice on the ground that the complaint was time-barred by the applicable statute of limitations. Because our review indicates that the complaint alleges facts that could constitute fraudulent concealment of the cause of action, which would toll the statute under the applicable law, we hold that the district court did err. Accordingly, we reverse the judgment of the district court.
I
On June 1,1983, Marilyn Duncan and her husband, A.Y. Duncan,…
2Cases cited19 opinions
- Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
- Carl Thomas Rauch, III v. Day and Night Manufacturing CorporationCourt of Appeals for the Sixth Circuit · 1978
- Teeters v. CurreyTennessee Supreme Court · 1974
- Harrison v. SchraderTennessee Supreme Court · 1978
- Ohler v. Tacoma General HospitalWashington Supreme Court · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Carrier Corporation v. Outokumpu OyjCourt of Appeals for the Sixth Circuit · 2012
- New England Health Care Employees Pension Fund, on Behalf of Itself and All Others Similarly Situated v. Ernst & Young, LLPCourt of Appeals for the Sixth Circuit · 2003
- Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance CompanyCourt of Appeals for the Sixth Circuit · 2002
- Spence v. Miles Laboratories, Inc.District Court, E.D. Tennessee · 1992
- Dean Witter Reynolds, Inc. v. McCoyDistrict Court, E.D. Tennessee · 1994
15 more not listed; retrieve them via the Exa API.